High Court quashes case against police

A High Court sitting in Aba, Abia State, has struck out a case against the Police by Chief George Eze.

Eze approached a High Court in Ukwa, near Aba, claiming that an invitation by the police amounted to an infringement of his fundamental right to personal liberty. He urged the court to restrain the police from harassing, arresting or detaining him.

The Nation learnt that the police last year attempted to arrest Eze after receiving a report from Mr. David Ikechi Ekenta of Akwete Ndoki in Ukwa East Local Government alleging that he (Eze) broke into his compound at an odd hour.

After a failed attempt to arrest Eze, police invited the suspect to report at the police headquarters, Umuahia for interrogation, it was learnt.

He, however, insisted in his originating summons that he had done nothing wrong that should warrant his unlawful arrest and detention by the police.

Counsel to the applicant, U. Ukaegbu, said it was left for the respondent to show that his client’s alleged harassment by them and intended detention was justified, which he said could be shown by proof of evidence of what he had done.

Ukaegbu said since the police invitation was used to begin investigation against a person, the court would be failing in its duties of protecting citizens against arbitrary use of state power if it could not look at the reasonableness or otherwise of an invitation letter simply because it emanated from the police.

Counsel to the respondent, V.O. Ezenta, argued that what the applicant was asking the court to do was to shield him from criminal investigation, which was tantamount to interfering with the powers of the law enforcement officers under the constitution.

Justice C. O. Onyeabo held that mere arrest or plan to arrest was not an infringement of the fundamental right and as such, no court should allow itself to be used as an instrument of subversion under the guise of enforcing a fundamental right.